The U.S. District Court for the District of Oregon ruled this week that the state's Plastic Pollution and Recycling Modernization Act is constitutional, allowing Oregon to continue implementing the law following a legal challenge.
The court determined that the Recycling Modernization Act does not violate the dormant Commerce Clause or the Due Process Clause, rejecting claims brought by the National Association of Wholesaler-Distributors and others. The decision came after a five-day trial in July 2026 in which the court heard arguments and evidence.
The law requires producers of packaging materials to pay fees that help cover the costs those materials impose on Oregon's recycling system and support modernization investments. A nonprofit producer responsibility organization, working under state oversight, collects the fees. The measure is designed to strengthen Oregon's recycling system by improving services, investing in infrastructure to sort and process materials, and giving producers greater responsibility for managing products and packaging they place on the market.
"Oregon has long been a national leader in waste prevention and recycling, and we're pleased that the court has recognized the state's authority to move forward with a modern recycling system that works for Oregonians," said Jen Parrott, DEQ Administrator of Land Quality Programs. "The goals behind this law remain important: improving recycling services, strengthening the infrastructure that sorts and processes recyclable materials, and ensuring producers play a greater role in the costs associated with the products and packaging they place on the market."